News & Cases

March 2018: Landmark decision of the Swiss Federal Supreme Court regarding the judicial enforcement of a Member of the Board of Directors right to request information on any company business

With a landmark decision the Swiss Federal Supreme Court ruled on February 28, 2018 that a Member of the Board of Directors right to request information on any company business can be enforced in court against the company. The Swiss Federal Supreme Court clarified this question, which has remained unanswered until this day, and by doing so repealed a ruling of the Supreme Court of the Canton of Obwalden. The claim of the Member of the Board of Directors regarding the right to information and inspection is subject to the summary proceedings pursuant to Art. 248 ff. of the Swiss Code on Civil Procedure.

The complete decision (in German) you may find >>> here

2018
February 2018: Legal Briefing

Bruppacher Hug & Partner Legal Briefing of February 2018 on the rights of a shareholder of a public limited company, in particular at the general meeting.

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February 2018: Legally Binding Court Settlement after instant dismissal of Manager

The Attorneys of BHP successfully represented a SME in labour court concerning a financial claim from the former manager who previously had been dismissed without notice for cause. Subsequently the plaintiff sued the SME for the payment of salaries in the amount of a six figure sum. However, the trial strategy developed by BHP and its Client proved successful. The plaintiff and the SME eventually settled the case in court. In return of payment of a symbolic sum the plaintiff withdrew the action, which saved the SME a six figure amount.

August 15, 2016: Successful opposition by BHP against registration of a trademark

On behalf of a SME, which is the owner of an international registered trade mark, the Attorneys of BHP have successfully filed opposition at the Swiss Federal Institute of Intellectual Propertyto the registration of a new trademark violating the pre-existing international trademark. The trademark of the opposing party was deleted and the opposing party was obliged to compensate the Attorney fees resulting from the opposition procedure.

2016

August 31, 2016: Merger - BHP acting as Escrow Agent

BHP acts as an escrow agent in the merger of a Swiss company active in the field of medical engineering with an international enterprise. The purchase is payable in cash and in shares. BHP acts as escrow agent and is amongst others responsible for the settlement to around 100 shareholders.